Current through Register Vol. 41, No. 3, September 23, 2024
(a) The
division shall conduct an annual compliance review of the mining area,
utilizing the annual report submitted pursuant to 4VAC25-130-702.18, an on-site
inspection and any other information available to the division.
(b) If the division has reason to believe
that a specific mining area was not exempt under the provision of this Part at
the end of the previous reporting period, is not exempt, or will be unable to
satisfy the exemption criteria at the end of the current reporting period, the
division shall notify the operator that the exemption may be revoked and the
reason(s) therefore. The exemption will be revoked unless the operator
demonstrates to the division within 30 days that the mining area in question
should continue to be exempt.
(c)
(1) If the division finds that an operator
has not demonstrated that activities conducted in the mining area qualify for
the exemption, the division shall revoke the exemption and immediately notify
the operator and intervenors. If a decision is made not to revoke an exemption,
the division shall immediately notify the operator and intervenors.
(2) Any adversely affected person may request
administrative review of a decision whether to revoke an exemption within 30
days of the notification of such decision in accordance with procedures
established under § 45.2-1026 of the Code of Virginia.
(3) A petition for administrative review
filed under § 45.2-1026 of the Code of Virginia shall not suspend the
effect of a decision whether to revoke an exemption.
(d)
(1) An
operator mining in accordance with the terms of an approved exemption shall not
be cited for violations of this chapter which occurred prior to the revocation
of the exemption.
(2) An operator
who does not conduct activities in accordance with the terms of an approved
exemption and knows or should know such activities are not in accordance with
the approved exemption shall be subject to direct enforcement action for
violations of this chapter which occur during the period of such
activities.
(3) Upon revocation of
an exemption or denial of an exemption application, an operator shall stop
conducting surface coal mining operations until a permit is obtained and shall
comply with the reclamation standards of this chapter with regard to
conditions, areas and activities existing at the time of revocation or
denial.
Statutory Authority: § 45.2-103 of the Code of
Virginia.
